Pakistan Case Lawโ† Search
1991 SCMR 1656

BASHIR AHMAD And Others vs GHULAM ALI And Other

Citation1991 SCMR 1656
CourtSupreme Court of Pakistan
Case No.Civil Petition No.1264 of 1989
Date1990-01-22
Judge(s)Ghulam Mujaddid Mirza, Abdul Shakurul Salam
ResultLeave granted

ORDER

ABDUL SHAKURUL SALAM, J.-The petitioners sought to be impleaded as a party on the ground that they had purchased a portion of the property in dispute pending adjudication in RSA 84 of 1975. The application was dismissed on the ground that the doctrine of lis pendens would apply to their case vide order dated 28-10-1989.

2. The petitioners seek leave to appeal.

3. Learned counsel for the petitioners submitted that no doubt doctrine of lis pendens would be applicable on the conclusion of the litigation but there was no justification not to allow the petitioners to be impleaded as a party in the litigation as their claim was based on official attestation of mutation in their favour, especially when apprehension was expressed that the petitioners' vendors may not earnestly pursue the appeal or collude in which event the rights of the petitioners would be prejudiced. It was conducive for administration of justice that all parties having interest in the property should be before the Court and heard to defend their rights.

4. Contentions raised require consideration.

5. Security in the sum of Rs.5,000. Appeal be processed on the present record with permission to the parties to file any document. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 3 cases

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch